JAGDISH NARAIN Vs. CHIEF CONTROLLING REVENUE AUTHORITY

JUDGEMENT

(1.) The petitioner filed a revision under Section 56 of the Indian Stamp Act before the Chief Controlling Revenue Authority challenging an order passed by the Assistant Commissioner (Stamps), respondent No. 2 raising a demand of Rs. 70,000.00 towards the deficiency in stamp duty and penalty thereon on a re-determination of the corrrectness of the market value of the property which was the subject matter of the sale deed in respect of the vacant land executed in favour of the petitioner which re-determination took place in the proceedings under Section 47A of the Indian Stamp Act as applicable to the State of U.P.

(2.) Along with the aforesaid revision the petitioner filed an application for interim relief praying that during the pendency of the revision, recovery of the amount in dispute be stayed. The Chief Controlling Revenue Authority, respondent No. 1 vide its order dated 3-2-1994, while admitting the revision for hearing, granted an interim order of stay whereunder the recovery proceedings for the realisation of the amount of penalty was stayed in full but the respondent No. 1 stayed the recovery of only half of the stamp duty payable under the order impugned in the revision in view of 'exposition in 1993 R.J. 326' - its own earlier decision.

(3.) Feeling aggrieved, the petitioner has now approached this Court seeking redress, praying for the quashing of the impunged order passed by the Chief Controlling Revenue Authority.